Bihar

Jehanabad

CC/57/2018

Arvind Kumar - Complainant(s)

Versus

The Oriental Insurance Co. Ltd. - Opp.Party(s)

Adv. Manoj Kumar

04 Oct 2023

ORDER

Complainant absent. Heard reply argument of the OP. Case  of the complainant in brief is that complainant’s truck no. BR 25 G-2766 collided with container truck on 19.04.2017 in a village with in the juridication of Dhanarua Police Station in the district of Patna. In the complaint it has been clearly stated that the OP  insurance company rejected his claim for want of permit which according to him was not necessary for the grant of the sum assured under the insurance policy.

Learned advocate for the OP has drawn my attention towards insurance company’s letter dated 13.07.2018 as well as the photostate copy of the policy schedule in which under the heading limitation as to use it has been clearly mentioned that the policy covers use of the vehicle under a valid permit with in the meaning of motor vehicle Act, 1988 as defined in subsaction III of section 63 of the motor vehicle Act.

As such from bare perusal of the complainant’s case and the condition of insurance followed by limitations as to use of the vehicle it is crystal clear that use of the vehicle without having a valid permit stands do not covered under the insurance policy. In view of the above said facts that present complaint is not at all maintainable and is without any factual and statutory and under the circumstances without any order as to costs parties shall bear their cost them selves.